ESA WCA failure and procedure : Failure to apply the law???

I just want to know if anybody else has come across this, or something similar.

Ive just had a client on the phone quite distressed. She has been on ESA a while, and had her medical a month ago.

She got a call yesterday afternoon from the DWP telling her she was NOT entitled to any sickness benefit as she failed her medical. She was also told that her ESA claim was closed, and she was now on JSA, and she had to attend an appt at the Jobcentre today and sign on.

Totally “steamrollered”, so to speak.

No mention of any appeal rights, just told “you are not entitled”

She also did not make a JSA claim, it was done for her by Jobcentre Plus without her agreement or consent.

Thoughts please…......

I cant see how she could be put on JSA without actually claiming it - has she been given a jobsseking plan or actually been paid JSA?

I suspect she will receive a decision letter soon so this can be appealed and I’m guessing the phone call may have been misinterpreted., but it wouldn’t surprise me if this was the case.

I believe this to be the DM explaining their decision and the decision to be notified by writing (as required) is in the post. The letter will have the MR information on it.

The ESA claim would be closed.

Typically, best advice would be to claim JSA. Sooner rather than later?

There is no mechanism to switch a claimant to JSA from ESA.